Federal Court of Australia
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JUDGMENT No.4 63%. a
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CATCHWORDS
ADMINISTRATIVE LAW - Certificates regarding place of sale of petroleum products - Motions to dismiss proceeding as an abuse of process - Previous determination of Supreme Court of New South Wales regarding the validity of one of the two impugned certificates - Effect of failure of prosecutor previously to rely upon grounds open to it and now sought to be relied upon - Validity of the second certificate not a question before the Supreme Court but relevant only to the validity of the first
certificate.
States Grants (Petroleum Products) Act 1965 ss.3, 4, 5 and scheme made thereunder cll.A4 and E2.
Petroleum Products Subsidy Act (NSW) 1965 ss.6, 7, 8, 10. Administrative Decisions (Judicial Review) Act 1977 s.9.
NSW G.373 of 1987 THE QUEEN v_ RICHARD JOHN BALFOUR & ANOR; ex parte PARKES RURAL DISTRIBUTIONS PTY LIMITED
Wilcox J Sydney 27 August 1987
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION
BETWEEN: AND: AND: CORAM : WILCOX J PLACE: SYDNEY DATE : 27 AUGUST 1987
No. NSW G.373 of 1987
~wewreve we
THE QUEEN
RICHARD JOHN BALFOUR
First Respondent
THE STATE OF NEW SOUTH WALES
Second Respondent
PARKES RURAL DISTRIBUTIONS PTY LIMITED ==
Prosecutor
MINUTES OF ORDER
THE COURT ORDERS THAT:
1. The Order To Show Cause be discharged and the
principal proceeding be dismissed.
Note:
The prosecutor pay to each of the respondents the costs incurred by such respondent in connection with both the principal proceeding and the motion of that
respondent to dismiss that proceeding as an abuse of
the process of the Court.
Settlement and entry of orders 1s dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NSW G.373 of 1987
GENERAL DIVISION
BETWEEN: THE QUEEN
AND: RICHARD JOHN BALFOUR
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